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FL Supreme CourtJune 29, 2023Decision of First District approved; Fourth District's Pezzi decision disapproved⚡ Circuit Split Resolved

Tsuji v. Fleet

Case No. SC2021-1255

Plaintiffs injured in a 2014 crash sued the deceased tortfeasor's estate and his employer more than three years after his death, seeking recovery only up to the limits of the decedent's casualty insurance. The Florida Supreme Court held that section 733.710(1)'s two-year jurisdictional statute of nonclaim absolutely bars such claims — there is no casualty-insurance exception imported from section 733.702(4)(b) — and that because the estate is exonerated, the employer cannot be held vicariously liable. The Court approved the First District's decision and expressly disapproved Pezzi v. Brown (4th DCA 1997).

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